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  • Residency History, Travel History

    Hi All,

    I'm about to submit N-400, I have completed all the sections in the website but i got stuck and need your help, advice how to fill up those sections correctly which is Residency and Travel history.

    1. Residency History

    I became a resident in 2013 (almost 7 years ago) . In application ,where have you lived section, should I list in resident history since 2013 or just for last 5 years from now?
    If for last 5 years from now, I want to put the dates from Jan 1, 2015 till today's date, (Oct 3, 2019) and I want to use 4years and 9month rule, but it will give me a warning message there is 3 months are missing, If i put the dates from oct 1, 2014 till todays date it says: you may not meet the continues residence requirement because I have traveled from 04/07/2014-12/26/2014 (8months) so those 3months falling for the last 5 years history and from 2015 till todays date I have already traveled 5 months, so by including 3 month from oct-dec 2014 it will be 8 months.


    2. Travel history - Should i add outside the resident dates too? (example, I have been 3-4 countries outside of US and stayed 30days, 1day, 15 days) should i list the addresses from other countries too or just list the address where i have lived in the USA

    Please give me advice if anyone had the same situation.

    Thank you allot!!!


  • #2
    The instructions on the form say... Where have you lived during the past 5 years? So assume they mean what they say.

    The travel history asks you to list travel of 24 hours or longer in the last 5 years.... once again.. I assume they mean what they say. They only want to know the Countries not addresses.

    USCIS are not interested in the addresses in foreign countries.... only which country it was. They are looking for terrorists and drug dealers or people visiting war zones etc.

    If your specific case has some weirdness in the first few months of your 5 year period... I would suggest delaying the application to let that move into irrelevant history.

    If it is relevant in the 5 year period they may just reject you and keep the application fee.



    The 4 year 9 month rule is intended to help people due to long delays in the n400 process... it's not a mechanism to help you "game" the continuous residency rules.

    I'm not expert but I think I'm right here. If newacct sees this and answers he/she is usually spot on and precise.

    $0.02
    Last edited by N400questions; 10-03-2019, 08:53 PM.

    Comment


    • #3
      The 4yr 9mo rule does not apply to you as you have been a resident for 7 yrs. That only applies to those who have not yet completed their 5yrs and would like to file early

      1. To meet the "continuous" residence requirement, you should have lived in the US for 30 months over the last 5 yrs.
      When you list Oct 01, 2014 - Present, this will give you 57 months of continuous residence. I fail to understand why the system is giving you an error.

      2. Assuming your absence from 4/7/14-12/26/14 was "travel" related only and not that you moved to another country, this should be listed in the travel section. Again, I would only list 10/1/14 - 12/26/14 as the travel timeframe.




      Opinion only. Cannot be construed as legal advice.

      Comment


      • #4
        R78

        I think you are confusing "continuous residence" and "physical presence"
        Your comment about "30 months over the last 5 yrs." is a "physical presence" rule not a "continuous residence" rule.

        I think the system is giving a warning because an 8 month continuous absence breaks the "continuous residence" and falls into the 6 month to 1 year category listed here..
        https://www.uscis.gov/policy-manual/...rt-d-chapter-3

        It looks from the OP post that his continuous residence begins 12/27/2014 ie the day after his long 8 month absence.
        If I've got this right... he could apply 12/28/2019 or a few days later to be safe.
        I start to get confused when I also read the 4 year and a day rule.... especially since it also talks about a one year absence not a 6 month absence

        Specifically... look at this section..

        C. Breaks in Continuous Residence

        An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization.[9]
        • Absences of more than 6 months but less than one year; and
        • Absences of one year or more.

        The OP may be able to invoke the "get out of jail free" card if he fits into these rules

        An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:[12]
        • The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
        • The applicant’s immediate family remained in the United States.
        • The applicant retained full access to his or her United States abode.
        In another part of the rules ... the "get out of jail free" card says

        https://www.ecfr.gov/cgi-bin/text-id...e=se8.1.316_15

        (A) The applicant did not terminate his or her employment in the United States;
        (B) The applicant's immediate family remained in the United States;
        (C) The applicant retained full access to his or her United States abode; or
        (D) The applicant did not obtain employment while abroad.


        That is the same set of rules but broken into 4 bullets not 3
        Last edited by N400questions; 10-03-2019, 10:53 PM.

        Comment


        • #5
          You are correct. I totally missed that in my count.
          In such cases, the applicant needs to show that they continued to maintain ties to the US (tax filing, house payments, etc)
          Opinion only. Cannot be construed as legal advice.

          Comment

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